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HUMANE SOCIETY OF U.S. v. GUTIERREZ

No. CV 08-357-MO.

625 F.Supp.2d 1052 (2008)

The HUMANE SOCIETY OF the UNITED STATES et al., Plaintiffs, v. Carlos M. GUTIERREZ et al., Defendants, Oregon Department of Fish and Wildlife and Washington Department of Fish and Wildlife, Intervenor-Defendants.

United States District Court, D. Oregon.

November 25, 2008.

Attorney(s) appearing for the Case

Gary K. Kahn, Peggy Hennessy, Reeves Kahn & Hennessy, Portland, OR, Jonathan R. Lovvorn, Rebecca G. Judd, Sarah Uhlemann, The Humane Society of the United States, Washington, DC, for Plaintiffs.

James Anthony Maysonett, U.S. Department of Justice, Washington, DC, Coby Healy Howell, US Department of Justice, Portland, OR, Lori Caramanian, U.S. Department of Justice General Litigation Section, Denver, CO, for Defendant.

Michael B. Ferguson, Washington State Attorney General's Office, Neil L. Wise, State of Washington, Attorney General's Office, Olympia, WA, Marc Abrams, State of Oregon, Salem, OR, Madelynne D. Sheehan, Sheehan & Sheehan LLC, Scappoose, OR, Eric J. Fjelstad, Smith & Fjelstad, Gresham, OR, John W. Ogan, Karnopp Petersen LLP, Bend, OR, Tim Weaver, Law Office of Tim Weaver, Yakima, WA, for Intervenor Defendants.

OPINION AND ORDER

MOSMAN, J.

The Humane Society of the United States, the Wild Fish Conservancy, and several individual plaintiffs challenge the National Marine Fisheries Service's ("NMFS") decision authorizing the States of Oregon, Washington, and Idaho to kill certain California sea lions at Bonneville Dam. The sea lions are preying on endangered and threatened Columbia River salmon and steelhead ("salmonids") at the dam. NMFS made the decision pursuant...

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